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Collecting Back Child Support if Parent is Deceased

Is there a way I can collect back child support from a deceased ex-husband? We had been married over 10 years, but he was behind in child support when he died.

By Tammy

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June 30, 20120 found this helpful

To get a correct response to have to ask Social Security or an attorney that specializes in this type of law. I don't know if this will help but this is an answer I found on socialsecurity.gov. if you were married at the husbands death.

If your husband dies, you can get widows benefits if you are age 60 or older. If you are disabled, you can get widows benefits as early as age 50. Your benefit amount will depend on your age and on the amount your deceased husband was entitled to when he died. If he was receiving reduced benefits, your survivor benefit will be based on that amount.

If you are a widow with children, you may be eligible for a widows benefit at any age when you are caring for a child who is younger than 16 or disabled and entitled to benefits. As a widow, you also may be eligible for Medicare at age 65.

If you remarry before you reach age 60 (or age 50 if disabled), you cannot receive widows benefits as long as that marriage remains in effect. If you remarry after you reach age 60 (or age 50 if disabled), you will continue to receive benefits on your deceased husbands Social Security record. However, if your current husband is a Social Security beneficiary, you should apply for a wifes benefit on his record if it would be larger than your widows benefit. You cannot get both.

If you also are entitled to retirement benefits based on your own work, you have some other options. Ask a Social Security representative to explain the options, so you can decide which would be best for you.

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June 30, 20120 found this helpful

As far as collecting back child support goes, ask you child support collection office.

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June 30, 20120 found this helpful

You may also want to find out if your ex had left any assets. You may be able to get relief from that source but you may have to hire a attorney to petition the court to gain any access for back child support.

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